W.P.No.14195 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:25.04.2025 Coram THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.14195 of 2025 K.K.Abraham, S/o Late K.E.Kuriakose, Door No.2/32, Mullanvayal, Ambalamoola Post, Nilgiris 643 240. .. Petitioner /versus/ 1.The District Forest Officer, Gudalur Bazaar Post, Nilgiris 643 212. 2.The Executive Engineer, Operations and Maintenance, Tamil Nadu Power Distribution Corporation Limited, Gudalur, Nilgiris 643 212. .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 18.02.2025 and permit the petitioner to erect electric poles along the pathway comprised in R.S.No.301/5 of Moonanad-2 Village, Pandalur Taluk, Niligiris District. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.14195 of 2025 For Petitioner :Mr.R.P.Poonguzhali For Respondents :Mr.M.S.Premkumar, G.A for R1 Mr.L.Jaivenkatesh for R2 ORDER The writ petition is filed to direct the 1st respondent to consider the representation of the petitioner dated 18.02.2025 and permit the petitioner to erect electric poles along the pathway comprised in R.S.No.301/5 of Moonanad-2 Village, Pandalur Taluk, Niligiris District. 2.The brief facts of the case is as follows:- The petitioner purchased the property measuring to an extent of 1.00 acres of agricultural land comprised in Old S.No.155/269 correlating to Resurvey No.391/4 of Moonanadu Village, Gudalur Taluk, Nilgiris District, through a sale deed dated 07.07.1993 in the Sub Registrar Office, Gudalure. Since the date of purchase, the petitioner has been cultivating the land. On 26.05.2011, the petitioner applied with the second respondent seeking a free agricultural service connection. In 2022, a proceeding dated 05.01.2022 was issued by the second respondent to the petitioner intimating to register his readiness in availing the free electricity service connection. As directed by 2/6 https://www.mhc.tn.gov.in/judis W.P.No.14195 of 2025 the second respondent, the petitioner submitted all the documents and paid the necessary charges for extension of the free service connection. Thereafter the officials from the electricity board inspected the site, wherein it was informed that a transformer is to be installed and poles should be laid through the poromboke lands abutting the petitioner's property. Accordingly, the transformer and poles were installed. Unfortunately, during the course of effecting connection, the representatives of the first respondent stopped the work and directed the 2nd respondent officials to remove the poles alleging the said land situated in S.No.391/5 is a forest land. 3. Although G.O.Ms.No.1094 of the Forests and Fisheries Department, dated 17.11.1977, was issued under Section 4 of the Tamil Nadu Forest Act, 1882, proposing to declare the land as forest, the procedure laid down under the Act requires that, following the issuance of a notification under Section 4, a final notification under Section 16 must be issued to formally declare the property as reserved forest. However, no notification under Section 16 of the Act has been issued. Therefore, the petitioner made a representation on 18.02.2025 to the first respondent seeking formal permission to erect poles and install transformers in order to obtain electricity connection in the 3/6 https://www.mhc.tn.gov.in/judis W.P.No.14195 of 2025 petitioner's property. Till date, the first respondent has not considered the same. Hence, the petitioner has filed the present writ petition for the aforesaid prayer. 4. The learned Government Advocate appearing for the first respondent submitted that during the pendency of the writ petition, the representation of the petitioner dated 18.02.2025 was considered and an order was passed by the first respondent on 17.04.2025. 5. In view of the above submission made by the learned Government Advocate appearing for the first respondent, nothing survives in this writ petition for further adjudication and he same has become infructuous. Accordingly, this Writ Petition is dismissed as infructuous. No cost. 25.04.2025 Index:yes/no Speaking order/non speaking order Neutral citation:yes/no ari 4/6 https://www.mhc.tn.gov.in/judis W.P.No.14195 of 2025 To 1.The District Forest Officer, Gudalur Bazaar Post, Nilgiris 643 212. 2.The Executive Engineer, Operations and Maintenance, Tamil Nadu Power Distribution Corporation Limited, Gudalur, Nilgiris 643 212. 3.The Government Advocate, High Court, Madras. J.SATHYA NARAYANA PRASAD, J. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.14195 of 2025 ari W.P.No.14195 of 2025 25.04.2025 6/6 https://www.mhc.tn.gov.in/judis